DWI Conviction Needed to Bar Personal Injury Claim Resulting From an Auto Accident
In Castano v. Augustine, 2023 N.J. Super. LEXIS 22 (App. Div. Mar. 6, 2023), the Appellate Division was asked to consider whether, in the absence of a conviction or guilty plea to a DWI statute, New Jersey law barred the claim of a plaintiff who was seriously injured in an auto accident after admittedly drinking […]
Extraordinary Circumstances Not Found to Support Untimely Trial De Novo Request After Arbitration Award
Plaintiff M.M., a minor by his parents, Woodelyne Nathan Milbin and Ralph Milbin, appealed from an order confirming an arbitration award, entering a $25,000 judgment in plaintiff’s favor. Plaintiff had attempted to reject the award and request a trial de novo but failed to timely file the request for a trial de novo. The issue […]
Joint Insurance Fund’s Self-Insurance Found Not To Trigger Other Insurance Clause
The issue in the Supreme Court case, Statewide Insurance Fund v. Star Insurance Co., 2023 N.J. LEXIS 205 (2023), was whether the Statewide Insurance Fund (the “Fund”) or Star Insurance Company (“Star”), a commercial general liability insurance company, had the primary responsibility to pay the settlement of a negligence claim brought against Long Branch. This […]
New Trial Granted Due to Court’s Failure to Provide Six Peremptory Challenges to Defendants
Plaintiff Elaine Kelly was injured in a motor vehicle accident on July 8, 2016 and filed a lawsuit against defendants Norma Marcano and Max Marcano. The matter was tried before a jury, who unanimously found the accident was caused by the negligence of defendant Max Marcano, found the plaintiff was not comparatively negligent, and awarded […]
Commercial Landowner Found Not Entitled to Summary Judgment for Fall on Ice Based Upon Exception to Ongoing Storm Rule
Plaintiff Adel Hanna fell in the parking lot of the Woodland condominium complex on January 7, 2017, slipping on snow and ice in an unplowed parking lot. The issue in Hanna v. Woodland Community Association, 2022 N.J. Super. Unpub. LEXIS 2180 (App. Div. Nov. 17, 2022) was whether the defendant owner and property manager were […]
Arbitration Provision Between Sophisticated Parties Found to be Enforceable Despite Lack of Explicit Waiver of Access to the Courts
The plaintiff County of Passaic contracted with defendant Horizon Healthcare Services, Inc. to manage the County’s self-funded health plan. That relationship ended in December 2019. The County filed a lawsuit against Horizon in 2021, claiming, among other things, that Horizon breached their contract by failing to implement certain modified reimbursement rates. Horizon successfully moved to […]
Failure to Provide Notice of Claim Form to Plaintiff’s Counsel Insufficient to Justify Filing a Late Notice of Tort Claim
On June 4, 2021, plaintiff Joshua Jackson slipped on an unidentified liquid on the stairs between the first and second floors of a building owned by Defendant City of Passaic Housing Authority. Plaintiff alleges that he attempted to obtain a notice of claim form from the Authority but was unsuccessful. Less than one week before […]
Using Mediation or Arbitration to Resolve Disputes: the Pros and Cons
Alternate Dispute Resolution, known as ADR, has become a frequently used tool to resolve disputes. Mediations or arbitrations are both ADR tools that now are commonly used to settle lawsuits. There are pros and cons for each type of proceeding. What is the difference between the two? Mediations use a mediator, often a retired judge […]
Plaintiff Making Left Hand Turn Denied UIM Benefits for Injuries Incurred From Accident
Plaintiff Calise Belin was injured in a two vehicle accident after stopping at a stop sign on Lafayette Road in Voorhees, preparing to turn left on Haddonfield-Berlin Road. Plaintiff looked both ways and not seeing anyone coming, turned left. She collided with a vehicle being driven by Debra Lawless-Gattone who was travelling northbound on Haddonfield-Berlin […]
Subjective Complaints of Pain and Suffering from Automobile Accident Insufficient To Meet Permanent Injury Requirement of Verbal Threshold
Plaintiff Glenn Hughes allegedly suffered injuries as a result of an October 17, 2017 automobile accident with defendant Jason Worthington. On that date, defendant Worthington rear ended the plaintiff. At trial, the defendant stipulated as to liability with the only issue to be decided at trial was whether plaintiff’s injuries were permanent and causally related […]
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